May an employer provide the protections of the Act to employees who were impacted prior to the March 18, 2020 effective date of the Act?
Of course, an employer may do so, but with respect to the Emergency Paid Sick Leave Act, any such leave will not reduce the 80-hour entitlement effective April 1. The DOL Guidelines explain, “The Emergency Paid Sick Leave Act imposes a new leave requirement on employers that is effective beginning on April 1, 2020.” (DOL Guidelines #11) With respect to the Emergency FMLA Expansion Act, an eligible employee’s use of other leave under FMLA during the prior year, may be subtracted from the 12-week Emergency FMLA Expansion Act leave, provided that the employer was covered by the FMLA prior to April 1, 2020. (DOL Guidelines #44, 45). However, leave for child care, absent the leave otherwise being covered under pre-existing FMLA, would not count against the FMLA entitlement until April 1, 2020.
Last updated April 9
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